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rights over our own land

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ccfluff | 11:58 Sat 06th Sep 2008 | Property
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We own a pathway that our neighbours have right of way on. These neighbours are tenants of an housing association. The housing association now say we have no rights over this path and have given permission for their tenants to use this 3ft wide path as a driveway for their motor vehicle. By doing so these tenants have caused damaged to our rear gate as the turning point at the top of the path is too small to turn their motorbike. Our question is, what rights do we have over our own path? and can we hold the housing association responsible for the damage caused?
Thanks in advance

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You need to establish what right the owner of this piece of land (the HA) has over your land by reading THEIR land title. It will probably say something like 'the right to pass and repass by foot, or by horse' (or by motor vehicle).
To say you have no rights doesn;t make sense - perhaps they are saying you have no rights to stop them. That may or may not be true. You are going to have to check the wording. Private rights of way (which this is) are tied to the specific wording in the land title.
Question Author
Thanks buildersmate, where can i get a copy of their land title?
By the way HA have decided not to go with the boundaries registered with the land registry, and are trying to move our boundaries so that it doesnt include the path. On our title deeds it is clearly stated that we own the path and that our neighbours have 'right of way'. It is our thoughts that due to the width restrictions the path is unsuitable for vehicles, the covenants state that it can be used for vehicles if it is a common roadway or driveway leading to double gates, obviously it doesnt.
You can do it online here.
http://www.landregistry.gov.uk/wps/portal/Prop erty_Search
It costs �3 each title register. This only works if the property is registered. You will probably also need the title plan (which is the map with the boundary line shown) because it will probably cross-reference to the title register in explaining where the easement (right of way) across your land exist. That's another �3.
Trying to move the boundary is just ridiculous. Sounds like bully-boy tactics.
I don't now what meaning is intended by the term a 'common roadway'. The best you can hope to find is that the right of way specifies a mode or modes of passage - and that it doesn't include the word motor vehicle. Much may depend on the age of the easement. Is the term 'common roadway' from your title register?
Question Author
Thanks buildersmate, just got the documents from land reg. Confirms where we thought our boundary ends, it also states that due to us owning the path, the tenants do not have vehicular access rights only passage by foot. We know the HA are trying to bully us into given up, trouble is Im not a quitter and will see the matter out til the very end. Once again thanks for your help, your a star!

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rights over our own land

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